Australian government wins asylum appeal

The predominantly Afghan asylum seekers spent eight days aboard the Tampa after being denied permission to land on Australia's Indian Ocean territory of Christmas Island.

Federal Court judge Anthony North last week ordered that they be returned to mainland Australia in his ruling on a challenge by civil rights lawyers who argued that the government has infringed the asylum seekers' right under the Migration Act.

North ruled that that they had been unlawfully detained after Australian SAS troops stormed the Tampa.

The government appealed successfully against North's ruling, which followed a challenge by Melbourne-based civil rights lawyers to the government's right to deny entry to asylum seekers, claiming their rights under the Migration Act had been infringed.

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The asylum seekers were transferred to an Australian troopship, Manoora, and taken to the Pacific Island of Nauru where their asylum claims will be processed. They have not yet been able to leave the boat as temporary accommodation was not ready.

The government claimed in its appeal that it had not detained the asylum seekers, they had merely suffered a loss of freedom, and that they had been under the control of the Tampa's captain throughout.

The Tampa refugees were joined by another 230 asylum seekers taken off another boat intercepted by the navy en route to Australia.

Australian authorities, including military personnel, are now racing to expand a makeshift tent city originally intended to accommodate around 300 people.